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The Property Rights Issue

Description: The property rights issue arises because societal goals are sometimes pursued through government restrictions on the use of private property. At bottom, it is the age-old conflict between public goals and private rights.
Date: January 20, 1995
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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Courts Rulings During 1994 on Constitutional Taking Claims Against the United States

Description: In 1994, the second session of the 103rd Congress saw the political pressure exerted by property rights bills ascend new heights. Members supporting property rights legislation sought to add such provisions to nearly every major environmental bill. Opponents, including several committee chairmen, therefore declined to move the bills, and gridlock resulted.
Date: July 19, 1995
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status

Description: This report briefly summarizes Employment Division, Oregon Department of Human Resources v. Smith, the legislative history of the Religious Freedom Restoration Act (RFRA), the Supreme Court's decision in City of Boerne, Texas v. Flores, and RFRA's current legal status, and notes the introduction of the Religious Liberty Protection Act (RLPA).
Date: June 25, 1998
Creator: Ackerman, David M.
Partner: UNT Libraries Government Documents Department
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"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534

Description: In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States… more
Date: June 24, 1998
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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Religious Persecution Abroad: Congressional Concerns and Actions

Description: The 105 Congress has sought to raise the priority of combating religious persecution worldwide among U.S. foreign policy objectives. The difficulty has been in agreeing on legislation that would effectively deal with religious persecution without adversely affecting other important U.S. interests. On May 14, 1998, the House passed H.R. 2431 (the Freedom from Religious Persecution Act of 1998) establishing in the State Department a Director of the Office of Religious Persecution Monitoring who i… more
Date: June 25, 1998
Creator: Bite, Vita
Partner: UNT Libraries Government Documents Department
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Immigration-Related Provisions of Selected Bills on Religious Persecution

Description: This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
Date: June 4, 1998
Creator: Eig, Larry M. & Vialet, Joyce
Partner: UNT Libraries Government Documents Department
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The Property Rights Implementation Act of 1998

Description: On July 7, 1998, Senator Hatch introduced S. 2271, the "Property Rights Implementation Act of 1998." The bill appears to be the likely replacement on the Senate floor for H.R. 1534 as reported by the Senate Committee on the Judiciary. S. 2271 retains the basic "process" approach of its predecessor, but makes numerous changes. Among these are a restriction of H.R. 1534's takings-ripeness provisions to real property rather than all types of property, a new definition of "futility," different rest… more
Date: July 10, 1998
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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Online Privacy Protection: Issues and Developments

Description: It is routinely acknowledged that the success of the Internet and electronic commerce depends upon the resolution of issues related to the privacy of online personal information. This paper discusses some potential threats to the privacy of online personal information, and efforts by businesses, governments, and citizens to respond to them. The paper also provides an overview of the legal framework for the protection of personal information. Individuals and businesses increasingly rely upon com… more
Date: September 28, 1999
Creator: Stevens, Gina Marie
Partner: UNT Libraries Government Documents Department
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Encryption Technology: Congressional Issues

Description: This report discusses primarily, the controversy over encryption concerns what access the government should have to encrypted stored computer data or electronic communications (voice and data, wired and wireless) for law enforcement purposes.
Date: July 9, 1998
Creator: Nunno, Richard M.
Partner: UNT Libraries Government Documents Department
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Russia's Religion Law: Assessments and Implications

Description: This short report provides an overview and assessment of Russian religion law. On September 26, 1997, Russian President Boris Yeltsin signed the religion bill into law, and implementing regulations were promulgated in early 1998. The Administration and Congress have raised concerns that the law may restrict religion and have urged Russia to uphold its international commitments to religious freedom. The FY1998 Foreign Aid Appropriations Act (P.L. 105-118) prohibits the Freedom Support Act aid to… more
Date: May 29, 1998
Creator: Nichol, Jim
Partner: UNT Libraries Government Documents Department
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Haiti: Efforts to Restore President Aristide, 1991-1994

Description: This report tracks the efforts to restore to office President Aristide of Haiti between the years 1991-1994. During this period, the main U.S. foreign policy concern was the restoration of the democratic process to Haiti. Closely related to this was the issue of Haitians attempting to flee to the United States by boat. Congressional concerns focused on human rights, Haitian migration, socioeconomic conditions, and drug trafficking.
Date: May 11, 1995
Creator: Taft-Morales, Maureen
Partner: UNT Libraries Government Documents Department
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The "Son of Sam" Case: Legislative Implications

Description: In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally… more
Date: November 30, 1998
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department
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The Endangered Species Act and Private Property

Description: If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
Date: March 7, 1993
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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